Resolution 1375RESOLUTION NO. 1375
A RESOLUTION OF THE CITY OF EDMONDS,
WASHINGTON, STATING ITS INTENT TO VACATE
A PORTION OF 92ND AVENUE WEST LYING SOUTH
OF 228TH STREET SOUTHWEST UPON THE
FULFILLMENT OF CERTAIN CONTIONS.
WHEREAS, on October 4, 2016, the Edmonds City Council adopted resolution
No. 1371 establishing a public hearing on a proposed street vacation, File No.
PLN20160032; and
WHERES, a public hearing on the proposed street vacation was held on
November 1, 2016; and
WHEREAS, the City Council finds and determines that the vacation is in the
public interest, and that no property will be denied access as a result of the vacation; and
WHEREAS, the City Council finds it necessary to retain 300 square feet of the
proposed vacation area for a future project identified in the City's Transportation
Improvement Plan; and
WHEREAS, Olympic View Water and Sewer District has request easement be
reserved for utilities in the right-of-way; and
WHEREAS, at that public hearing, the record contained a market data appraisal
showing the value of the proposed vacation area to be $203,000; and
WHEREAS, the assessed value of the proposed vacation area, minus the 300
square feet being removed from the vacation area, and the depreciated value of the
existing asphalt is $185,220; and
WHEREAS, the subject right-of-way was originally acquired pursuant to
dedication and not at public expense; and
WHEREAS, pursuant to ECDC 20.70.140.A.3.a and RCW 35.79.030 the City
may be compensated up to an amount equal to one-half of the fair market value of the
right-of-way prior to vacation by ordinance; and
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WHEREAS, the City Council finds $92,610 (half of $185,220) is reasonable
compensation when determined in accordance with the fair market value of the parcel to
be vacated, the restrictions placed upon said property by the reservation of utility
easements for third -parties and the limitations on compensation which the City may
require as contained in state statute and City ordinance; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The city council hereby states its intent to vacate by ordinance that
portion of 92nd Avenue West laying south of 228t" Street Southwest and north of State
Route 104 as shown on the attached Exhibit A and further described in File No.
PLN20160032, which are incorporated by this reference as fully as if herein set forth as
long as the following conditions are met within ninety (90) days, and PROVIDED THAT
the City of Edmonds will retain, and will not vacate, the northern 10 feet of the western
30 feet of 92nd Avenue West lying south of 228th Street SW.:
1. The legal description of the vacation area and map of the vacation area
must be adjusted to recognize the above -referenced change in the vacation area.
2. The City releases all ownership interest in the stormwater facilities located
upon or within the vacated 92nd Ave Street right-of-way, as well as the stormwater
facilities located through the Westgate Chapel property at 22901 Edmonds Way.
Westgate Chapel shall acknowledge in writing that upon vacation it shall assume
ownership and maintenance responsibilities for these facilities and provide easements to
abutting property owners as needed.
3. The Olympic View Water and Sewer District currently owns and
maintains water and sewer facilities through the subject 92nd Ave W right-of-way.
Easements shall be provided to OVWSD accordingly from the underlying fee owner.
4. Other dry utilities such as power, gas, phone and cable may also exist
within the subject right-of-way. Easements shall be provided to all entities from the
underlying fee owner as required to allow for continued ownership and maintenance of
any such facilities.
5. The petitioners shall pay the City of Edmonds $92,610 which is one-half
the appraised value of the vacation property.
6. The petitioners shall acknowledge in writing that, if the area of vacation or
the three vacant lots on the east side of 92nd Avenue W are to be developed in the future,
a fire access road easement will be required if necessary to satisfy the city's fire code.
7. The petitioners shall acknowledge in writing that, if the to -be -vacated
right-of-way becomes unusable, blocked, or removed, thereby denying emergency
access, the existing fire hydrant located on the west side of 92nd Ave W, mid -block
between 228th Street SW and the terminus of the existing road shall be rotated 180
degrees, at the sole cost of the then -owner, so the largest outlet (nozzle cap) faces west.
RESOLVED THIS 15ND DAY OF NOVEMBER, 2016:
ATTEST:
C LER , SCOT PASSEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
C�
MAYOR DAVE EARLING
November 10, 2016
November 15, 2016
1375
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